Vijay Bhilala vs State Of Madhya Pradesh

Anil Verma, J

This is the second application filed by the applicant for grant of regular bail under section 439 of the Code of Criminal Procedure, 1973 relating to FIR No.248/2022 registered at P.S -Nalkheda, District Agar (M.P.) for the offence under sections 420, 465, 467, 468, 471 and 120-B of IPC.

2/ As per the prosecution story, in the year 2009 complainant entered into a sale agreement with the co-accused Ramesh Chandra 2 Bhilala and Kishore Chandra Bhilala for purchase of the disputed agricultural land admeasuring 2.307 hectare on a consideration of Rs. 22 lakhs per bigha and complainant made certain cash payment to co- ccused Ramesh and Kishore.

Thereafter complainant through one Kamal Kishore Patidar gave Rs.5 lakhs to co-accused Ramesh and Kishore and executed one agreement dated 1.4.2021 whereby it was agreed that the remaining amount of consideration will be paid at the time of execution f sale deed. Thereafter co-accused Kishore and Ramesh executed sale agreement dated 9.8.2021 of said land with Mohd. Farookh and on the basis of said agreement obtained permission to sale said land under the provisions of MPLRC. Accordingly case has been registered against the applicant and other accused person.

3/ Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. Applicant is in custody since 15/04/2023. Applicant's three bail applications have been dismissed earlier, but thereafter, FIR has been quashed in respect of co-accused Ramesh, Kishor, Mohammad Juber, Abdul Salam, Abbas Hussain, Ajay and Farooq vide order dated 23/01/2024 passed in MCRC no. 30689/2023 and connected MCRC on the basis of principle of jeopardy.. Case of present applicant is identical with them. Limited allegation has been leveled against him. Final conclusion of trial shall take sufficient long time. Hence, he prays that in such changed circumstance, the applicant be released on bail.

4/ Per-contra, learned counsel for respondent – State opposes the bail application and prays for its rejection,

5/ Perused the impugned order of the trial Court as well as the case dairy. 6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that this Court, vide order dated 23/01/2024 passed in MCRC no. 30689/2023 and connected MCRC has quashed FIR in respect of co-accused Ramesh, Kishor, Mohammad Juber, Abdul Salam, Abbas Hussain, Ajay and Farooq on the basis that prosecution has registered same offence against present applicant and other co-accused persons and subsequent trial of the applicant shall amount to double jeopardy; he is also facing another trial of the same offence; it is violation of principle of jeopardy; subsequent prosecution of the same offence is barred by section 300(1) of Cr.P.C; in view of the order dated 23/01/2024, case of present applicant is identical with the case of co-accused persons, I deem it proper to release the accused / applicant on bail.

7/ Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., Certified copy, as per Rules.